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HomeMy WebLinkAbout11760 ORD - 10/31/1973• JRR:jkh:9- 26-73; let • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE BETWEEN THE CITY AND THE CORPUS CHRISTI YACHT CLUB FOR A TERM OF FIVE YEARS CONCERNING A CERTAIN PORTION OF THE BAYFRONT, FOR MAINTENANCE OF THE EXIST- ING YACHT CLUB PIER, L -HEAD AND RELATED PILINGS, ALL AS MORE FULLY DESCRIBED IN THE LEASE AGREEMENT, COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be, and he is hereby, authorized and directed, for and on behalf of the City of Corpus Christi, to execute a Lease Agreement between the City and the Corpus Christi Yacht Club concerning a certain portion of the Bayfront for a term of five (5) years, for maintenance of the existing Yacht Club pier, L -Head and related pilings, all as more fully described in the Lease Agreement, a copy of which is attached hereto and made a part hereof. 17(;Q �JRR:hb:9 /5/73 • 1st PIER LEASE BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI YACHT CLUB THE STATE OF TEXAS X COUNTY OF NUECES X For and in consideration of the undertakings of the Corpus Christi Yacht Club, a nonprofit Texas corporation, herein- after contained, the City of Corpus Christi, a home -rule city, a municipal corporation and body politic under the laws of Texas, (The "City "), acting by and through its duly authorized City Manager, hereby leases and lets to the Corpus Christi Yacht Club ( "Lessee ") the following described property: That certain portion of the bayfront and mooring pier of the City of Corpus Christi, Texas, as more fully located by attached plat, marked Exhibit "l "; Beginning at a point 25 feet from the NE corner of the Corpus Christi Yacht Club Tract as described in deed recorded in Vol. 887, pages 358 -364, Deed Records of Nueces County, Texas; Thence northerly for the length of the pier, hav- ing an approximate distance of 373 feet; Thence easterly along the end of the pier, having an approximate distance of 123 feet; Thence southerly for the length of the pier, having an approximate distance of 397 feet; Thence westerly for an approximate distance of 101 feet; Thence northerly for an approximate distance of 34 feet to the place of beginning. And being the area known as "Corpus Christi Yacht Club" pier shown on the plat attached as Exhibit "l ", including the space adjacent to such pier and L -Head intended for use for the mooring of boats, save and except the portion of such area as now belongs to the Yacht Club; for a term of five years, under the following terms and conditions: I A. Corpus Christi Yacht Club shall pay each month to the City of Corpus Christi as rental for forty (40) slips designated by the City and located on the L -Head at the foot of Cooper's Alley and Shoreline Drive hereinafter called the "Pier" during the term of this lease the sum of twelve hundred six ($1206) dollars on the first day of each month. Payments shall be directed to the City's Finance Department. The slips shall be used for the berthing of pleasure craft only belonging to or in the custody of Club members or their guests. B. Assignments of tenants to the various slips subleased hereunder and the charges by the Club to such tenants shall be solely controlled by the Club. II The term of this lease shall commence on October 1, 1973 and expire on September 30, 1978. Said lease shall continue for a term of five years. III It is contemplated that prior to the end of this lease, the City may enter into a contract with Lessee governing terms upon which slips and dockage facilities afforded by the pier will be leased for the five -year period beginning at the termination of this lease, and that such contract may contain the following provisions: A. The slips and dockage facilities afforded by the pier will be leased by Lessee to its members and guests of the club exclusively. B. That it is contemplated upon the end of the five - year term of such contract that the City may again enter into an -2- identical contract for an additional five -year period. If the City and Lessee fail to enter into such a contract governing the terms upon which such slips and dockage facilities shall be used, effective as of the end of this lease and containing the provisions stated above or containing other mutually acceptable provisions, or if any time thereafter, the use of such slips and dockage facilities is not controlled by a contract between the City and Lessee on mutually acceptable terms, the City agrees that it will extend the pier from point "A" to Point "B ", as shown on the attached plat, marked Exhibit "l ", for the purpose of providing an access to the pier without crossing Corpus Christi Yacht Club property. In such event, the City further agrees, if requested by Lessee, to remove the portion of such pier extending from point "C" to Point "D ", as shown on said attached plat, or such portion thereof as Lessee may request, and to remove the pilings designated as "E" and "F" on the attached plat, to the extent requested by Lessee, in order to provide access to the easterly side of the property owned by Lessee. IV In further consideration of Lessee's covenants herein contained, the City agrees to maintain the pier in a reasonable condition and state of repair as determined by the City (but not lower than the standard of maintenance by the City for comparable slips elsewhere in the Marina) and so as to be usable for the pur- poses for which leased, and to provide the same type of utility and other services as the City provides to yachts of comparable size at other slips and docks leased by the City within the Corpus Christi Marina. V Notwithstanding paragraphlV above, electrical utility service to the pier shall be governed by the following: So long as the City shall furnish electrical utility service without sep- arate or additional charge to other pier slips in Corpus Christi Marina occupied by pleasure craft, the City shall likewise provide -3- electrical utility service to the pier and occupants of slips thereon without additional charge. If the City shall make sep- arate charges for electric utility service to pleasure craft occupying other slips in Corpus Christi Marina then the City may make separate charges on the same basis to occupants of slips at the pier. If the City ceases itself to furnish electric service to the pier, the City will either cause electrical utility service to be provided to the pier and users thereof upon the same terms and conditions as shall be applicable elsewhere in the Marina; or Lessee may, if it wishes, assume responsibility for arranging for furinsihing of electrical utility service to the pier for the remaining term hereof. VI The City shall make available to occupants of slips at the pier all services, privileges, facilities and benefits that shall be made available or extended to users or owners of other pleasure craft berthed in the Corpus Christi Marina during the term of this lease upon similar terms, conditions and rates. This shall include but not be limited to utility services, gear box rental and other benefits as provided by City ordinance. VII Lessee shall receive credit on the rental agreed to be paid, but not exceeding One Thousand ($1,000) Dollars per month for sums due to the following: A. Such sums, if any, as shall be necessarily expended from time to time by Lessee for repair, replacement, reconstruction or restoration of the pier or portions thereof reasonably required by maintaining the pier in a reasonable state of repair and ser- viceable condition during the five -year term of this lease, if Lessee shall elect to make such expenditures for such purposes after the City shall have failed to begin to correct such defects within a period of thirty (30) days after written notice of such defects from Lessee and shall have failed to pursue such corrective -4- efforts diligently to completion. In no event, however, shall Lessee undertake to repair, replace, reconstruct or restore said pier or any portion thereof, pursuant to this subsection, without first having obtained the approval of the City. B. Rental due with respect to any slip or slips on the pier shall abate in full for any period for which such slip or slips shall not be available and suitable for use and occupancy for the purpose for which leased, from the beginning of such non - availability until such slip shall have been again restored by the City or by Lessee, as the case may be, and made available for use by Lessee or its sub- tenants and after crediting such rental in the amount of said Lessee - performed repairs or restoration prorated monthly until the amount of such repairs or restoration is offset. Lessee shall make available to the City reasonable evidence substantiating the amounts or sums referred to in sub- paragraphs "A" and "B" above, and upon request of the City Manager, shall permit inspection by City employees of Lessee's books and records related to such items. VIII Following the expiration of this lease and prior to the beginning of the term of a new lease, if any, Corpus Christi Yacht Club shall be deemed to be holding over as a tenant from day to day and shall pay to the City of Corpus Christi the sum of money per day then established by City ordinance for rental of City Marina slips during the continuation of any such period of holding over; and any such holding over shall otherwise be governed by the terms of such existing lease. -5- Ix During the term of this lease and any holding over thereunder the Club will maintain at its sole expense public liability insurance by the terms of which the City will be a co- insured and which shall provide limits of not less than $300,000 for any one occurrence, $100,000 for bodily injury to any one person, and $100,000 for a claim of property damage. The City Marina Director shall be furnished a certified copy of such effective policy of insurance prior to the commencement of this lease. X This lease is subject to cancellation by the City, at its option, if the premises hereby leased are needed for a muni- cipal purpose, the determination of which need by the City Council of Corpus Christi shall be final upon giving at least six (6) months notice in writing to the Corpus Christi Yacht Club. XI No additional construction of or alterations to the pier or to catwalks thereat shall be made by Lessee, its agents or contractors, without written approval by the City Council. XII City personnel shall have the right to enter upon the pier and catwalks at all times for purposes of inspection, fire and police action, and the enforcement of this lease. XIII Lessee shall not assign, mortgage, pledge, or transfer this lease without the written consent of the City Council. XIV If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this lease shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or,provision of this lease, for it is the definite intent of the City that every -6- section, paragraph, subdivision, clause, phrase, word, or pro- vision hereof be given full force and effect for its purpose. Executed duplicate originals and delivered on this day of , 1973. CITY OF CORPUS CHRISTI ATTEST: By City Manager City Secretary APPROVED: PAY O , 1973: C' t/to ey CORPUS CHRISTI YACHT CLUB ATTEST: By COMMODORE 111 cp i l -< C-) n A =-I C N C-) r n c x w� H 0 0 3731 • a O F-F O O O O LU 397' n X � x � H C 07 N H --i n n m xz r r rn C N w m i That the foregoing ordinance wAs _read for ttime and passed to its second reading on this the e26 TG day of 19 73 ' by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. C J. Howard Stark That the foregoing ordinance was read for the second time and passed to its third reading en this the—J&L—day of &eY J A 19_Z�—, by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzales Gabe Lozano, Sr. J. Howard Stark That the foregoing ordinanc was read for the third time and passed finally on this the —3/,at of 19 7,3 , by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzales Gabe Lozano, Sr. J. Howard Stark PASSED AND APPROVED, this the y of 19 7 . ATTEST: t City Secret APPROVED: J� ,DAY OF�Zi arty At orney — / �, 1 . C.� MAY THE CITY OF CORPUS CHRISTI, TEXAS